Garippa v. Wisotsky

In an action to recover damages for personal injuries suffered by plaintiff when he was allegedly struck by a truck owned by defendant Wisotsky and driven by defendant Horn, defendants appeal from an amended judgment entered on a decision in plaintiff’s favor after trial before the court without a jury. Amended judgment affirmed, with costs. No opinion. Johnston, Acting P. J., Wenzel, MaeCrate and Schmidt, JJ., concur; Adel, J., dissents and votes to reverse the amended judgment and to dismiss the complaint, upon the grounds that plaintiff’s proof and the fair inferences which may be drawn…